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(1) Generally. In addition to any penalty or fine which may otherwise be charged, or other enforcement action which may otherwise be taken against any industrial user found to be in violation of any provision of this code, the city manager may:

(a) Issue a written notice of noncompliance;

(b) Issue a written notice of violation;

(c) Impose an administrative civil penalty under section 2.018 of this code; and

(d) Issue a written compliance order. The person to whom the compliance order is issued shall comply with the order. Any violation of the compliance order shall be subject to the same enforcement actions as any other violation of this code.

The notices or orders authorized hereunder shall advise the industrial user of the right to appeal the penalty or order in accordance with the provisions of subsection (6) of this section.

(2) Basis of penalty. A noncompliance penalty may be levied by the city manager when either a constituent limitation has been exceeded or a compliance requirement has not been met. The city manager may impose a penalty on any such industrial user for each day the industrial user has allowed a discharge in violation of this code, rules adopted hereunder, notice of violation, or administrative compliance order, or in excess of permit limitations or otherwise has failed to observe the requirements of its discharge permit. The city manager may adopt a schedule of graduated penalties based on the nature, length and frequency of noncompliance.

(3) Constituent limitation. A constituent limitation is exceeded when:

(a) The concentration of a restricted substance in any sample or in a series of samples taken during the appropriate time period therefor, has exceeded limitations published by the city manager, or any other limitation imposed by a discharge permit; or

(b) The pH of any sample is outside the permitted pH range, or

(c) A continuous recording pH instrument indicates that the pH of the industrial discharge:

1. Is lower than 5.5 or greater than 12.0 for more than 30 minutes in any calendar day, or

2. Is lower than 5.0 or greater than 12.5 at any time during a calendar day, or

(d) The volume restrictions of a discharge permit are exceeded.

(4) Compliance requirement. A compliance requirement has not been met when any requirement established by the discharge permit or by any provision of sections 6.501 to 6.596 of this code, or by regulations published by the city manager or by an order issued by the city manager other than a constituent limitation, has not been met, including a failure to submit any required reports.

(5) Collection procedure. Collection of the penalties determined by the city manager shall be in the manner provided in this code for the collection of sewer user charges, in accordance with any other provisions of this code, or in any other manner provided by law.

(6) Appeal. If the industrial user objects to any civil penalty or compliance order issued pursuant to subsection (1) of this section, the industrial user may appeal therefrom in accordance with the provisions of section 2.021 of this code.

(7) Penalties cumulative. The penalties provided in this section shall be in addition to any other remedy that the city may have pursuant to this code or in any other manner provided by law.

(Section 6.586, formerly 6.464 added by Ordinance No. 19791, enacted July 8,, 1991; amended by Ordinance No. 19913, enacted April 26, 1993, effective May 26, 1993; renumbered by Ordinance No. 19939, enacted November 17, 1993, effective December 17, 1993; amended by Ordinance No. 19940, enacted November 17, 1993, effective December 17, 1993; and Ordinance No. 20075, enacted January 27, 1997, effective February 26, 1997.)